[Ord. No. 479 §1, 4-15-2002]
A.
It
shall be unlawful for any person, firm or corporation to manufacture,
store, sell or offer for sale fireworks of any type within the City
limits, except as provided for by this Chapter. Provided further,
it shall be unlawful for any person, firm or corporation, including
non-profit, religious or community service organizations, within the
City limits to manufacture, store, sell or offer for sale bottle rockets,
rockets of all types and size and any and all fireworks with an aerial
trajectory having a cylinder or cartridge holding a propellant charge
which cylinder or cartridge is not intended to be completely consumed
before landing. However, this Chapter shall not apply to the following
situations:
1.
The necessary discharge of flares or torpedoes for signal purposes
in connections with railroads or other means of transportation.
2.
The use of blank cartridges, firearms or species of fireworks in
connection with theatrical exhibitions.
3.
The activities of any military or Police organization for official
purposes.
[Ord. No. 479 §1, 4-15-2002]
For purposes of this Chapter, the following words shall have
the meaning as set out herein:
Any combustible or explosive compositions or any substance
or articles prepared for the purpose of producing a visible or audible
effect by combustion, explosion, deflagration or detonation and shall
also include common fireworks and special fireworks as defined herein:
Common fireworks (Class C): Explosive devices
designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. This term includes aerial devices containing
no more than two (2) grains (one hundred thirty milligrams (130 mg))
of explosive composition or ground devices containing no more than
fifty milligrams (50 mg) of explosive composition, all of which are
classified as Class C explosives by regulations of the United State
Department of Transportation.
Special fireworks: (Class B): Explosive devices
designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. This term includes aerial devices containing
more than two (2) grains (one hundred thirty milligrams (130 mg))
of explosive composition or ground devices intended for public display.
These devices are classified as Class B explosives by regulations
of the United State Department of Transportation. Special fireworks
(Class B) are prohibited within the City limits except as part of
a permitted public display as approved by the Board of Aldermen.
An exchange of articles of fireworks for money, including
barter, exchange, gift or offer thereof, and each such transaction
made by a person, whether as a principal proprietor, salesman, association,
co-partnership or one (1) or more individuals.
[Ord. No. 479 §1, 4-15-2002]
A.
Permits. Each permit for a temporary fireworks stand shall
require a City of Foristell business license and such sign permits
as required by City ordinances.
B.
Applications. Applications for temporary fireworks stand
permits must be applied for by April first (1st) of each year. Applications
are subject to review under the conditional use permit provisions
of City Ordinances.
C.
Transfer Of Permits. All temporary fireworks stand permits
approved and issued by the Board of Aldermen are personal to the applicant
and are non-transferable. The sale of fireworks or operation of a
facility for the sale of fireworks by someone other than the license
holder shall void the permit and cause forfeiture of the permit and
permit fee.
D.
Permit Fees. Any person, firm or corporation making application
for a temporary fireworks stand permit shall accompany said application
with a fee of two thousand dollars ($2,000.00) for up to one thousand
(1,000) square feet and four thousand dollars ($4,000.00) for over
one thousand (1,000) square feet plus the normal fees for a business
license and applicable sign permit fees for each sign, for each location
that a permit is sought. If the Board of Aldermen does not approve
the conditional use application, the permit fee shall be returned
to the applicant. If the application is approved, then the total fee
shall be retained by the City of Foristell as provided herein. All
fees collected from temporary fireworks stand permits shall go to
the General Fund of the City.
E.
Location. The site location is limited to property which
is zoned as "C-2" General Commercial District, "C-3" Planned Commercial
Business or Shopping Center District, "M-1" Light Industrial District,
"M-2" General Industry District or, if approved by the Planning and
Zoning Commission, "M-3" Planned Industrial District. The actual stand,
tent, building or facility shall be at least one hundred (100) feet
from any other temporary or permanent building and at least two hundred
(200) feet from any residence or housing unit.
F.
Each
site location shall require a separate permit and permit fee, business
license and applicable sign fees.
G.
A conditional
use permit for a temporary fireworks stand shall not be valid for
more than sixty (60) calendar days and shall not be effective prior
to May sixth (6th) of each year nor be effective after July eighth
(8th) of each year.
H.
Prohibition. The Board of Aldermen shall have the power
and authority to limit or prohibit the sale and/or shooting or detonation
of fireworks. In case of a declared emergency or extreme fire danger,
the Mayor may prohibit the shooting or detonation of fireworks at
any time.
[Ord. No. 479 §1, 4-15-2002]
A.
Discharge Of Fireworks Limited.
1.
It shall be unlawful for any person to throw or place fireworks,
including pyrotechnic devices, in such a manner that the explosion
of same will be likely to endanger or cause injury or damage to any
person or property.
2.
It shall be unlawful for any person to shoot or detonate fireworks
for any nature within the City limits except four (4) days prior to
and four (4) days after the fourth (4th) day of July each year. During
those days when fireworks are allowed to be shot or detonated, such
shooting or detonation shall only be allowed between the hours of
10:00 A.M. and 12:00 o'clock Midnight.
3.
It shall be unlawful for any person to posses, throw, use, explode,
detonate, discharge or shoot bottle rockets, rockets of all types
and size and any and all fireworks with an aerial trajectory having
a cylinder or cartridge that is not intended to be completely consumed
before landing.
4.
Persons fifteen (15) years of age and younger shall not discharge
fireworks except under the supervision of an adult. Supervision shall
be adequate where the supervising adult is within sight and sound
of the children during the discharge of the fireworks.
B.
Pyrotechnic Displays. Permits for use of fireworks in connection
with pyrotechnic displays may be issued by the Board of Aldermen upon
written application, after review by the Planning and Zoning Commission
and when the Board is satisfied that the applicant is a responsible
party, has appropriate insurance coverage which includes naming the
City as a co-insured party. That the conditions and use of fireworks
will not involve undue or unusual danger to persons or property. That
proper standards concerning the use of the fireworks will be employed.
That a licensed pyrotechnic technician will be in full charge of setting
up and discharging the fireworks, that adequate public safety and
traffic control will be provided and provided the Fire Chief for the
local fire district and the Chief of Police have reviewed the proposed
plans for the public display and have provided their recommendations
to the Board of Aldermen.
[Ord. No. 479 §1, 4-15-2002]
The Chief of Police and other City of Foristell Police Officers
are hereby authorized to confiscate fireworks from the possession
of any person found to be in violation of this Chapter by discharging
fireworks before 10 A.M. four (4) days prior to the fourth (4th) of
July or after 12:01 A.M. four (4) days after the fourth (4th) of July
of each year and other than between the hours of 10:00 A.M. and 12:00
Midnight during said days. In addition, the Chief of Police and other
City of Foristell Police Officers are further authorized to confiscate
fireworks being discharged privately in such large quantities that
a nuisance is created.
[Ord. No. 479 §1, 4-15-2002]
Any person who has fireworks confiscated under this Chapter
shall be provided written notice at the time of the confiscation that
within seven (7) days from the confiscation, the person may file a
written request for a review with the Police Department setting out
the specific facts for the claim that this Chapter has not been violated.
The Chief of Police shall hear and determine the matter within ten
(10) days of receipt of the written request for appeal. The decision
of the Chief of Police shall be final.
[Ord. No. 479 §1, 4-15-2002]
Fireworks confiscated under this Chapter shall be destroyed
within thirty (30) days of confiscation, or upon appeal, at the time
of the final decision finding the possessor in violation of this Chapter.
The Chief of Police is authorized to make arrangements for the storage
of such fireworks in or out of the City limits at a safe storage facility.
[Ord. No. 479 §1, 4-15-2002]
Any person or persons found in violation of any provision or
provisions of this Chapter as heretofore set forth shall upon conviction
thereof be punished by a fine of not less than fifteen dollars ($15.00)
nor more than five hundred dollars ($500.00) or imprisonment and,
provided further, that each such unlawful act shall constitute a separate
offense.
